Terms of Use
KRISP Software
KRISP Software
These terms of use (“Terms”) set out the terms and conditions for your use of the Software Services offered by KRISP Software Pty Ltd referred to herein as “we” or “KRISP Systems” or “KRISP Software”. The person or organisation entering into these Terms as a user of the KRISP Systems Services, together with all individual users accessing the KRISP Systems Services on that person’s behalf (together, “you” or “Users”) accept and agree to be bound by these Terms. KRISP Systems grants you a limited, non-exclusive, non-transferable, revocable licence to use the KRISP Systems Services (subject to your account type) in accordance with these Terms.
In these Terms, “KRISP Systems Services” means KRISP Systems’s point of sale and inventory management products and services, and any features, technologies or functionality provided by those products or services, offered by us from time to time, including krispsystems.com (“The Site”).
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE, THE KRISP SOFTWARE PRIVACY STATEMENT, AND YOU AGREE TO RECEIVE REQUIRED NOTICES AND TO TRANSACT WITH US ELECTRONICALLY. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.
We may change the Terms of Use at any time. You can review the most current version of the Terms of Use by clicking on the Site’s “Terms of Use” link. If you continue to use this Site after we make changes to the Terms of Use, you are signifying your acceptance of the new terms. You are responsible for checking these terms periodically for any changes.
From time to time, we may add, make changes to or remove altogether features or functionality of the KRISP Systems Services. We may also decide to cease providing all or some of the KRISP Systems Services at any time, and nothing in these Terms is to be taken as a guarantee that any KRISP Systems Services will always be available, either in its current form or at all, or that we will support, maintain or continue to offer the KRISP Systems Services, or any version of them.
Your use of this Site signifies your continuing consent to the KRISP Software’s Privacy Statement, which you can examine any time by clicking on the “Privacy” link on the Site. Personal information that you supply to KRISP Systems, and any information about your use of KRISP Systems that we obtain will be subject to the KRISP Software’s Privacy Statement on this Site.
We can cancel or suspend your account at any time if, in our sole discretion, you have committed a material or persistent breach of these Terms or any other terms applying to your use of the KRISP Systems Services.
We provide this Site and its contents “AS IS.” We and our suppliers make no express warranties or guarantees about this Site. To the extent permitted by law, we and our suppliers disclaim implied warranties including any warranty that the site is or will be merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. We do not guarantee that this site or its content will meet your requirements, is error-free, reliable, or will operate without interruption.
You acknowledge that KRISP Systems may use third party suppliers to provide hardware, software, networking, connectivity, storage and other technology in order to provide the KRISP Systems Services. The acts and omissions of those third-party suppliers may be outside of KRISP Systems’s control, and KRISP Systems does not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.
You may not assert claims for money damages arising from this Site or its contents. We and our suppliers shall not be liable for any indirect, special, incidental, consequential or exemplary damages, even if we knew or should have known of the possibility of such damages.
It will hold harmless and indemnify KRISP Systems and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the KRISP Systems Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and legal representative fees.
You must not: (a) use the KRISP Systems Services in any unlawful manner, for any unlawful or fraudulent purpose, or in any manner inconsistent with these Terms; (b) infringe our intellectual property rights or those of any third party in relation to your use of the KRISP Systems Services; (c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the KRISP Systems Services; (d) use the KRISP Systems Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; (e) collect or harvest any information or data from the KRISP Systems Services or our systems or attempt to decipher any transmissions to or from the servers running any KRISP Systems Services; (f) disclose or distribute information relating to another User of the KRISP Systems Services to any third party, or use any other User’s information for any marketing purposes unless you have that User’s express permission to do so; or (g) access or register User logins via bots or other automated methods.
We make no representation that content on this Site is appropriate or available for use in locations outside of Australia. If you choose to access this Site from a location outside of Australia, you do so on your own initiative and you are responsible for compliance with local laws.
You agree to use the KRISP Systems Services in a reasonable way. If we determine that your use of the KRISP Systems Services is not reasonable or that your use is causing degraded performance of the KRISP Systems Services for you or for other Users, we may impose limits on your use of the KRISP Systems Services. Where possible, we will endeavour to give you at least 24 hours prior notice and request that your usage is reduced before imposing any limits.
You agree that KRISP Systems owns all of the intellectual property rights existing in the KRISP Systems Services. You agree not to challenge or do anything inconsistent with such ownership. You may not publish or use KRISP Software’s brand, branding or logos except with KRISP Software’s prior written consent.
You grant KRISP Systems a royalty-free, irrevocable, perpetual licence to use (including for commercial purposes) information and/or data collected by KRISP Systems through your use of the KRISP Systems Services, provided that we aggregate or anonymise that information or data before using it. Other than this right, KRISP Systems claims no intellectual property rights in relation to the information or content you input into the KRISP Systems Services.
You may provide us with comments, feedback or suggestions on KRISP Systems Services, and you agree that we will be free to use, modify and incorporate such suggestions without any obligation to you.
KRISP Systems may include on its Site links to third party web sites. You agree that we are not responsible or liable for any content or other materials on third party sites. We are also not responsible for any transactions or dealings between you and any third party. You agree that KRISP Software is not responsible for any claim or loss due to a third-party site.
This Agreement will be governed by and construed according to the law of Australia. The courts located in Australia shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts. If any provision of these Terms and Conditions is found invalid or unenforceable by any Australia court, the remaining provisions will remain valid and enforceable, and the unenforceable provisions will be deemed modified to the extent necessary to make them enforceable. These Terms and Conditions constitute the entire understanding and agreement between KRISP Software and you and supercedes any and all prior understandings and/or agreements between the parties in relation to the Service. No purported waiver by KRISP Software of any of its rights hereunder or under any applicable law or regulation shall be valid unless made in writing by an authorised representative of KRISP Software. No change, amendment or modification of any provision of these Terms and Conditions will be valid unless set forth in writing and mutually agreed to by the parties.
Effective Date: September 17, 2020. Copyright © 2020 KRISP Software Pty Ltd. All Rights Reserved.